BTCC Chief: 2-3 Years Before China Regulates Bitcoin – Being Libertarian

The Peoples Bank of China has decided to wait two to three years before regulating bitcoin following their meeting with major bitcoin exchanges within the country.

After a widely-reported meeting of which the contents remained mostly a mystery the Peoples Bank of China met with BTCC (Bitcoin China), OkCoin, and Huobi. The main takeaway from this meeting was that the PBOC urged the three bitcoin exchanges to undergoand maintain self-examination in terms of monitoring bitcoin price changes.

Money laundering was the only topic mentioned publicly before the meeting took place. Bloomberg reports that regulators were concerned about money laundering and how widelybitcoin is being used as a safeguardagainst the depreciating Yuan.

The potential of bitcoin regulation in two to three years by the PBOC could have a devastating impact on the values of bitcoin, as a large portion of bitcoin is mined in China. Bitcoin has miraculously evaded government regulation by any country around the globe thus far.

According to Bloomberg, BTTC has also halted the withdrawal of bitcoin for 72 hours by way of a necessary review period, while OkCoin and Huobi suspended them both completely for 72 hours.

In reaction to the news of regulatory talks and withdrawal suspensions, bitcoin price fell 7%.

Smaller bitcoin trading outlets in China have all imposed trading fees as a result of the meeting, according to CoinDesk.BTC Trade, BTC100,CHBTC, Dahonghuo,Yuanbao and BitBaysall took part in this implementation. Yuanbao and BitBays both cited regulatory concerns when justifying the trading fees, while BTC Trade stated that it did so in order to curb speculation [and] to prevent price speculation.

Not only does government announcement of likely future regulation hurt business in general, but closed-door meetings and public discussion of the possibility of regulations taking place has been particularly devastating for the price of bitcoin.

Photo Credit: ChinaFotoPress/Getty Images

This post was written by Nicholas Amato.

The views expressed here belong to the author and do not necessarily reflect our views and opinions.

Nicholas Amato is the News Editor at Being Libertarian. Hes an undergraduate student at San Jose State University, majoring in political science and minoring in journalism.

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BTCC Chief: 2-3 Years Before China Regulates Bitcoin - Being Libertarian

Libertarian think tanks, Kansas health secretary testify against expanding Medicaid – Topeka Capital Journal

A third day of Medicaid hearings that drew crowds to the Legislature this week saw opponents of expanding the program warn of potential harm to state finances and citizens health care choices.

A senior fellow from the Washington, D.C.-based Cato Institute, the vice president of the Kansas Policy Institute and the head of Kansas health department were among those who cautioned against seeing Medicaid expansion as a panacea for health care problems or said growing the program in other states had led to negative, often unanticipated effects.

Weve heard testimony that Medicaid expansion would be budget neutral, said health secretary Susan Mosier. Theres no cost-benefit to the state. In fact, theres additional cost.

KDHE health secretary Susan Mosier speaks Thursday.

She and five others who addressed the panel faced questions from lawmakers who sounded skeptical, seeking details about or openly challenging the sources and methodology of the studies and figures they cited.

Kansas is one of 19 states that havent expanded Medicaid coverage. Expansion was one of the tools included in the Affordable Care Act. The bill before the House health committee would offer Medicaid to more low-income Kansans.

Opponents and proponents are unable to agree on fundamental implications of the program, from what it would cost to whether it would benefit the economy, improve health care and shore up financially struggling hospitals.

Gov. Sam Brownback says the plan would be bad for Kansas with a price tag of more than $100 million over the next two years alone, among other disadvantages.

Proponents, meanwhile, tout a variety of savings and question the states calculations. At least one lawmaker, Susan Concannon, R-Beloit, sought further clarification of the states cost estimates and whether it had accurately factored in anticipated savings to the state. Health department officials said they would send lawmakers detailed figures.

The Kansas Hospital Association is raising similar concerns, saying assumptions the state published for the bill appear to lead to a conclusion of about $78.5 million for two years instead of about $111 million. Additionally, the association believes increased revenue from HMOs in conjunction with expansion would lead to an overall state savings.

Proponents testified Wednesday, with a few hundred turning out for a rally and hearing and the Alliance for a Healthy Kansas advocacy group providing lawmakers binders full of supportive statements from physicians, residents, cities and chambers of commerce across the state.

Thursdays opposition testimony included warnings that Kansas could end up with far more people on Medicaid than expected including people who are already eligible for Medicaid but arent enrolled.

It tends to be that as you expand the program, said Michael Tanner, of the free-market think tank Cato, because of the outreach thats going on with the expansion, as well as the associated publicity of it, that these people who are eligible but not enrolled today, enroll.

Michael Tanner, of think tank Cato, speaks Thursday.

Gregg Pfister, of the Florida-based Foundation for Government Accountability, said the expansion would extend coverage to able-bodied adults for whom there is an easy solution jobs.

This is not assistance for someones elderly grandmother whos struggling to live. This money doesnt go toward the developmentally or physically disabled, he said. These adults dont have disabilities. Most of them are without children and dont work a full-time, year-round job.

Greg Pfister, of Foundation for Government Accountability, speaks Thursday.

Opponents of expanding Medicaid also questioned the stability of federal aid for Medicaid expansion and noted the uncertain future of the ACA, which President Donald Trump has indicated he will do away with.

Theres no reason to expect that the federal government will continue to keep its funding promise in perpetuity, said Melissa Fausz, a Virginia-based policy analyst for Americans for Prosperity. Theres plenty of precedent for the federal government failing to live up to the funding promises made to the state.

Melissa Fausz, of Americans for Prosperity, speaks Thursday.

Fausz admonished against seeing money from D.C. as simply tax dollars that rightfully belong to Kansas, calling it instead federal deficit spending.

Opponents have also expressed concern that Medicaid expansion would lead to worse health care access for people with disabilities, who would find themselves vying for services amid an influx of new enrollees.

Brownback warned this week that expansion moves able-bodied adults to the front of the line, ahead of truly vulnerable Kansans.

Mike Oxford, executive director of policy at Topeka Independent Living, rejected that assessment and cautioned against labeling people with disabilities as vulnerable.

I just dont see the issue affecting access to services or the amount of services, he said, arguing that those problems already exist and stem from other factors.

The Disability Rights Center of Kansas also supports Medicaid expansion. It argues that many Kansans with disabilities are uninsured and currently ineligible for Medicaid. It also says personal care attendants could gain coverage, making it easier to recruit employees to a workforce with a shortage.

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Libertarian think tanks, Kansas health secretary testify against expanding Medicaid - Topeka Capital Journal

Stephen Henderson and Libertarian Shikha Dalmia Debate Future of Healthcare – WDET

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Shikha Dalmia (left) with StephenHenderson(right)

Republicans in Washington D.C. see their first real opportunity to accomplish one of the GOPs top goals for the better part of a decade to get rid of the federal health care law.

But people who hoped this would accomplished swiftly after the inauguration of Republican President Donald Trump are likely to be disappointed, to say the least. The question of how to replace the law will be tricky, and maybe impossible to answer in the coming weeks or months. Republicans are already backing away from their public pledges to quickly repeal and replaceObamacare.

Since the beginning of the year, Detroit Today host Stephen Henderson has been speaking with guests on a weekly basis who see specific issues or politics in general differently than hedoes.

This week, he debates the past, present, and future of healthcare with Shikha Dalmia, senior analyst at the Reason Foundation and a writer for Reason Magazine.

Obamacare took an irrational system and made it even more irrational, says Dalmia, who identifies as a political Libertarian. But, she says, Republicans have all kinds of plans, none of which they can actually put in place, if it will mean throwing a whole bunch of people off of theseexchanges.

Click on the audio player above to hear the fullconversation.

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Stephen Henderson and Libertarian Shikha Dalmia Debate Future of Healthcare - WDET

BREAKING: NH State Representative Joins Libertarian Party … – Free Keene

Its a big day for libertarian history in New Hampshire and nationwide. For the first time in two decades, the Libertarian Party of NH (LPNH) has a sitting state representative in the legislature who is just beginning his first term in office. Caleb Dyer, state representative for Hudson and Pelham, announced today at a press conference in Concords Legislative Office Building that he has switched his voter registration from republican to libertarian and has also joined the state party as a dues-paying member. Dyer is a New Hampshire native who knocked on 2,000 doors in his district, Hillsborough 37, to win his election in November of 2016. Heres the press conference video from this morning:

The LPNH was basically dormant for years until late 2016 when superactivists Darryl W Perry and Rodger Paxton won election to chair and vice-chair of the party, respectively. Shortly thereafter the libertarian candidate for governor was able to get enough votes to propel the party into major party status in New Hampshire. Its the first time the LPNH has had that status in approximately twenty years, surely much to the chagrin of the republicans and democrats, who raised the vote requirement in the nineties specifically to disqualify the LP from major party status.

Libertarian State Representative Caleb Q Dyer

Explaining why he left the republicans, Dyer explained, I truly believe the best course of action is to organize outside of the party, and force coalition. He intends to rally hundreds of people across the state to submit themselves to their peers as libertarian candidates. He ended his speech by reading from Article Ten of the New Hampshire Constitution:

whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

Who will be the next state rep to follow Dyers lead? Stay tuned here to Free Keene for the latest from the state house.

Dyer will be a featured speaker at the LPNHs convention on March 18th in Concord. Tickets are available now.

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BREAKING: NH State Representative Joins Libertarian Party ... - Free Keene

Does The United States Lack Innocence? – Being Libertarian

During President Trumps recent appearance on Fox News The OReilly Factor, Bill OReilly was startled by the Presidents respect for Russian President Vladimir Putin.

OReilly remarked to Trump that Putin was a killer, and Trump replied by saying, There are a lot of killers. You think our countrys so innocent?

Trumps response to OReilly was unprecedented. For a US President to acknowledge the complicity and unscrupulousness of the United States, and compare the blood on the hands of the United States to Russia, is surprising indeed.

On the other hand, history corroborates that the United States is not angelic, either domestically or internationally, as it relates to the treatment of its own citizens or foreign citizens, who fortuitously resided in the wrong country at the wrong time in history!

A possible example of the United States lack of innocence is the multi-year war in Iraq. The United States militarily intervened in Iraq under the so-called justification of Iraqs former dictator possessing weapons of mass destruction. In reality, this propaganda was a weapon of mass deception, which cost US taxpayers $1.7 trillion, much of which was allocated towards the assassination of 170,410-189,973 Iraqis, and over 4,500 Americans!

I am sure that a significant amount of the casualties in Iraq are just typical people that are seeking survival. They dont possess weapons of mass destruction, arent conspiring to attack the United States, nor do they have the military or technological capabilities to do so.

Additionally, over 31,000 civilians were killed in Afghanistan since 2001. The evident reason for the US intervention in Afghanistan was to locate Osama bin Laden, destabilize the Taliban, and defeat the Al-Qaeda terrorist organization.

Unfortunately, a lot of Americans are apolitical laymen who are not aware of the fact that Osama bin Laden, and the Bin Laden family, were allies of the United States government during the Cold War era; specifically, during the proxy war in Afghanistan, which was an effort to defeat communism.

The Peoples Democratic Party of Afghanistan, gained power in 1978 after the Saur Revolution which overthrew the government of Mohammed Daoud. Consequently, during the Christmas season of 1979, the Soviets invaded Afghanistan; this led to the United States funding, and training, various Islamic factions in Afghanistan, Pakistan, and throughout the Arab World.

The unified collective of these groups was designated as the Mujahadeen and its major leaders were people that are now classified as terrorists: Gulbuddin Hekmatyar; and the murdered terrorist, and former U.S. ally you guessed it Osama Bin Laden! Hekmatyar alone received $600 million in US aid, and has a notorious reputation for his concentrated military bombardments that killed at least 1000 civilians in 1993.

Another example of Americas lack of innocence internationally is Operation Odyssey Dawn: the NATO bombardment of Libya in 2011, where there was an innumerable amount of deaths from unintended casualties.In addition to Libya, there are the innocent civilian casualties of drone strikes in Somalia, Yemen and Pakistan!

In 2016, the United States dropped an incredible 26,171 bombs which, when calculated, comes to 3 bombs per hour!

In closing, there are a plethora of examples of the United States lack of innocence, but the few that are mentioned here should be enough to substantiate the abdication of the moral high ground, by the power structure of the country.

All unjustifiable assassinations are implicitly and unequivocally unjust, whether its from the United States or Russia.

This post was written by Baruti Libre.

The views expressed here belong to the author and do not necessarily reflect our views and opinions.

Baruti Kafele, who is affectionately known as Baruti Libre, is an intellectual entrepreneur, social scientist, proud libertarian, and real estate broker who ensures quality and superiority from his enterprises to his scholarship. Baruti Libre is the chief executive of the successful fashion and multimedia firm called LiBRE BRAND-Freedom of Flyness which is a globally-recognized and viable brand based on the ideals of liberty and freedom. Follow him on Instagram and Twitter @BarutiLibre and visit his websites for literature and apparel.

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Does The United States Lack Innocence? - Being Libertarian

Welcome- Libertarian Party of Connecticut

Libertarians are practical -- we know that we can't make the world perfect. But, it can be better. Libertarians will keep working to create a better, freer society for everyone. The Libertarian Party is the only political party that respects your rights as a unique and competent individual. We want a system that allows all people to choose what they want from life...that let's us live, work, play, and dream our own way.

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Welcome- Libertarian Party of Connecticut

China Begins Talks to Regulate Bitcoin – Being Libertarian


Being Libertarian
China Begins Talks to Regulate Bitcoin
Being Libertarian
China's central bank held a meeting on Wednesday with several different Bitcoin exchanges amidst rumors that China could begin to strengthen regulations and oversight of digital currencies. Representatives from China's digital currency trading venues ...

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Taxation Ruins Representation Why Libertarians Should Hate Taxation – Being Libertarian


Being Libertarian
Taxation Ruins Representation Why Libertarians Should Hate Taxation
Being Libertarian
The truth is, taxation completely ruins any hope of true representation for the individual; this is yet another reason why anyone who loves liberty ought to despise the theft of taxation. This (rather odd) justification for taxation, or redeeming ...

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Taxation Ruins Representation Why Libertarians Should Hate Taxation - Being Libertarian

Digital Privacy Further Eroded By US Dept. of Justice – Being Libertarian


Being Libertarian
Digital Privacy Further Eroded By US Dept. of Justice
Being Libertarian
A U.S. magistrate ruled this past Friday that Google has to comply with FBI search warrants seeking customer emails stored on their company servers located outside of the USA, despite a prior court ruling in July of 2016 stating that the government is ...

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Updated! Meet the Libertarian-Leaning GOP State Senator Whose Career Donald Trump Wants To Destroy – Reason (blog)

UPDATED (2:20 P.M.): The Texas state senator in question below turns out to be a complicated matter. Scroll down for new information.

Donald Trump campaigned as "the law and order" candidate, so it's not surprising that he is likely to govern as one, too.

Still, when it comes to the issue of civil-asset forfeiture laws, even the dirtiest of Dirty Harry wannabes will grant there's something really creepy about the cops and the courts having the ability to take your stuff without even charging you with anything, much less convicting you of anything.

But here's an exchange via the Twitter feed of CNBC's Steve Kopack that should send chills down the spineand bile up the windpipeof every American who gives a damn about the Constitution, the Bill of Rights, and whether or not Lady Gaga included "under God" during her satanic Super Bowl incantations (she did).

Civil-asset forfeiture, which often doesn't require any sort of criminal charge, is big bucks. As Scott Shackford has noted, in 2014, the FBI alone snatched up $5 billion in seized assets. It's common for local police departments to grab whatever they can from whomever they can (often, the relatives or friends of people assumed to be drug dealers and the like). C.J. Ciaramella took a long, disturbing look at the way the state of Mississippi gilds its budget with seized assets.

Again, we're not talking about drug lords who are charged, have their assets frozen, are found guilty, and then have their assets sold at auction to pay reparations, or anything like that. The way a ton of asset forfeiture works is that the cops, or a prosecutor, or somebody else takes your stuff, claiming that it's connected to some sort of illegal activity. You may or may not be involved in anything illegal, but it's on you to get your stuff back. The likely next attorney general, Sen. Jeff Sessions, is a big fan of asset forfeiture, so it's likely to be an issue, even in states that are trying to rein it in. And it should be reined in, like a crazy horse: It's not about law and order, it's about unaccountable power.

Konni Burton, Texas ObserverThe Texas state senator referred to in the video above appears to be Konni Burton of Colleyville. Get this, too: She's a libertarian-leaning Republican and here's how she explained the situation to the Texas Observer:

"Right now, law enforcement can seize property under civil law, and it denies people their basic rights," said Burton, who sits on the Senate Criminal Justice Committee. "There's a basic problem with this process that I want to correct."...

Now it's uniting politicians who might not otherwise be willing to break bread, according to Matt Simpson, senior policy strategist for ACLU Texas.

"It's an issue that crosses party lines; it's not Democrat versus Republican or liberal versus conservative," he told the Observer, adding that he hasn't "seen a bill we wouldn't support in relation to civil asset forfeiture reform, especially some of the stronger ones."

Local police departments and other law enforcement agencies in Texas get about $42 million a year from seized assets, creating a moral hazard that even Donald Trump would recognize. And as far as ruining Burton's careeror that of anyone else involved in the effortthe president might want to consider that regular Americans understand that there's been a massive decrease in violent and property crime over the past couple of decades. These days, people are often worried about how bullying authorities are likely to act, creating a bipartisan push for all sorts of criminal-justice reform.

Hat tip: BalkansBohemia's Twitter feed.

Update: Various Texas media sources say that it's not actually clear whom Trump and Sheriff Harold Eavenson are discussing in the video clip above. Eavenson has refused to name the senator directly and now the Dallas Morning News reports that in addition to Burton, other possible senators include en. Juan "Chuy" Hinojosa (D-McAllen), Bob Hall (R-Rockwall), and Don Huffines (R-Dallas).

"He was just being emphatic that he did not agree with that senator's position," Eavenson said, adding of the senator in question, "I'm not into assassinating his character."

Eavenson will become president of the National Sheriff's Association in June. He has been active in the Sheriff's Association of Texas.

Well, sure, maybe. Then again, the fact that there are so many suspects underscores how unpopular civil-asset forfeiture is across traditional political parties.

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Updated! Meet the Libertarian-Leaning GOP State Senator Whose Career Donald Trump Wants To Destroy - Reason (blog)

Little Libertarians on the Prairie: The Hidden Politics Behind a Children’s Classic – History

Laura Ingalls Wilder as a schoolteacher, c. 1887. (Credit: Fine Art Images/Heritage Images/Getty Images)

Born on the American frontier on February 7, 1867, Laura Ingalls Wilder turned her memories of being a pioneer girl into the Little House on the Prairie books, one of the most popular childrens series of all time. Unknown to many, however, is that Wilder didnt write the books alone. On the 150th anniversary of Wilders birth, learn about her secret collaborator on the Little House on the Prairie books and her little-known connection to the Libertarian Party.

Laura Ingalls Wilder wasnt your typical debut novelist when her first book, Little House in the Big Woods, was published in 1932. She was 65 years old, decades removed from the childhood memories that provided the foundation for her colorful story of hardship, adventure and survival on the Wisconsin frontier that struck a chord in Depression-era America.

Children devoured the wholesome tales celebrating family, self-reliance, hard work and neighbor helping neighbor. There had never been anything like this for children, telling them what the pioneer daysa time in history that was still pretty recentwere like, says Christine Woodside, author of the new book Libertarians on the Prairie: Laura Ingalls Wilder, Rose Wilder Lane, and the Making of the Little House Books.

Wilder authored seven more books over the next 11 years, including Little House on the Prairie, which chronicled the exploits of the itinerant Ingalls family as they endured everything from blizzards of grasshoppers to plagues of snow as they rattled westward in their covered wagon across the wilderness and plains of the upper Midwest in the late 1800s before finally settling in the Dakota Territory.

While only the name of Laura Ingalls Wilder was emblazoned on the book covers of one of the most popular series in American literary history, scholars researching her family papers slowly came to the conclusion in the decades following her 1957 death that the beloved stories of Pa, Ma and sisters Mary, Carrie and Grace were the product of not just one womanbut two.

Unknown to readers at the time, Wilder secretly received considerable assistance from her only adult child, Rose Wilder Lane. While Wilder was an unknown author when Little House in the Big Woods was published, Lane was one of the most famous female writers in the United States, having penned novels, biographies of Charlie Chaplin and Herbert Hoover and short stories for magazines such as Harpers, Cosmopolitan and Ladies Home Journal.

Unlike her mother, however, Lane had little affinity for the hardscrabble life of the American heartland and left the familys Missouri farm as a teenager, eventually moving to San Francisco. Able to speak five languages, she traveled extensively and by the 1920s was living in Albania in a large house staffed by servants. Although she always had a tense relationship with her mother, Lane began to long for home and returned to the family farm in 1928.

Knowing a good story when she heard one, Lane prodded her mother to put her childhood experiences to paper. Wilder, however, had little literary experience outside of pieces that she wrote for rural newspapers. Lane, though, knew how to make a manuscript sing and hold chapters together, and she used her contacts in the publishing industry to sell Little House in the Big Woods.

Laura had lived the life. She had the memory. However, she didnt have any experience making a novel, Woodside tells HISTORY. Rose knew how to do that. They were each crucial to the book. Laura couldnt have written the books without Rose, and Rose couldnt have written them without Laura.

Lane not only polished her mothers prose but infused Wilders stoic outlook with the joy and optimism that connected with many readers. The authors secret collaborator also sanitized Wilders real-life experiences for an audience of children, scrubbing away the hard edges such as the death of a baby brother at 9 months of age and replacing stories of murders on the frontier with images of swimming holes and bonneted girls in dresses skipping through tall grasses and wildflowers.

Woodsides book also shines light on the political views of Wilder and her secret collaborator that were below the surface of the Little House series. Like many Americans, the Wilders were hit hard by the Great Depression. Both mother and daughter were dismayed with President Franklin D. Roosevelts New Deal and what they saw as Americans increasing dependence on the federal government. A life-long Democrat, Wilder grew disenchanted with her party and resented government agents who came to farms like hers and grilled farmers about the amount of acres they were planting.

They both hated the New Deal, Woodside says of Wilder and Lane. They thought the government was interfering in peoples lives, that individuals during the Depression were becoming very whiny and werent grabbing hold of their courage. The climate of America was really irritating them. The New Deal, for a lot of farmers and definitely the Wilders, made them change their politics.

An acquaintance of Ayn Rand and a critic of Keynesian economics, Lane would become an early theorist of the fledgling political movement that would eventually form the Libertarian Party in 1971. Neither woman set out to indoctrinate children with their political views, but their beliefs in individual freedom, free markets and limited government can be seen in the pages of the Little House books. Lane didnt explicitly use it as a political manifesto, Woodside says. She was being who she was, and they both felt strongly that the pioneers should be examples to people. It was inevitable she was going to flesh out the story by focusing things like free-market forces at work in the general store and farmers being free and independent.

While the Little House books emphasized self-reliance, at least two instances of government assistance that benefited the Ingalls family were downplayed. In addition to receiving their land in the Dakota Territory through the Homestead Act, it was the Dakota Territory that paid for the tuition of Mary Ingalls at the Iowa School for the Blind for seven years. Its an inconvenient fact, Woodside says. Rose suppressed that detail.

Ultimately, close quarters and close collaboration caused the fault lines between mother and daughter to reappear. The pair became estranged, and Lane moved to Connecticut, where in 1943 she wrote The Discovery of Freedom: Mans Struggle Against Authority, considered to be a libertarian manifesto. By World War II, Lane refused a ration card, grew and canned most of her food and deliberately curtailed her writing in order to pay as little tax as possible.

After inheriting the royalty rights to the Little House series after Wilders death in 1957, Lane donated money to the Freedom School in Colorado, a free-market academy that taught libertarian theory. When she died suddenly in 1968, future Little House royalties were bequeathed to her sole heir and political disciple, lawyer Roger Lea MacBride. In addition to becoming the first person to cast an electoral vote for a Libertarian Party ticket in 1972, MacBride was the Libertarian Party candidate for president four years later.

Both mother and daughter carried the secret of their collaboration to their graves. By the time a new generation of children were becoming exposed to Wilders stories through the Little House on the Prairie television show, on which MacBride served as a co-creator and co-producer, scholars were learning of the partnership from the womens letters and diaries. Laura and Rose were very clearly collaborators from day one on these books, Woodside says. Our understanding and celebrating that is essential to understanding why these books are so wonderful.

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Sharon DuBois: Libertarians offer a choice of freedom – Kansas City Star


Kansas City Star
Sharon DuBois: Libertarians offer a choice of freedom
Kansas City Star
Fiscally responsible and socially accepting, the Libertarian Party believes that all people have the right to live their lives as they see fit, as long as they do not interfere with or take that same right away from others. We also believe that when ...

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Why Should a Libertarian Take Universal Basic Income Seriously? – Niskanen Center (press release) (blog)

February 6, 2017 by Edwin G. Dolan

Edwin G. Dolan is an economist and educator whose writings regularly appear at EconoMonitor.The Niskanen Center is excited to welcome him as a new Poverty and Welfare adjunct focusing on Universal Basic Income research.

In recent post on EconLog, Bryan Caplan writes, Im baffled that anyone with libertarian sympathies takes the UBI [universal basic income] seriously. I love a challenge. Let me try to un-baffle you, Bryan, and the many others who might be as puzzled as you are. Here are three kinds of libertarians who might take a UBI very seriously indeed.

Libertarian pragmatists

Philosophical issues aside, what galls many libertarians most about government is the failure of many policies to produce their intended results. Poverty policy is Exhibit A. By some calculations, the government already spends enough on poverty programs to raise all low-income families to the official poverty level, even though the poverty rate barely budges from year to year. Wouldnt it be better to spend that money in a way that helps poor people more effectively?

A UBI would help by ending the way benefit reductions and welfare cliffs in current programs undermine work incentives. When you add together the effects of SNAP, TANF, CHIP, EITC and the rest of the alphabet soup, and account for work-related expenses like transportation and child care, a worker from a poor household can end up taking home nothing, even from a full-time job. A UBI has no benefit reductions. You get it whether you work or not, so you keep every added dollar you earn (income and payroll taxes excepted, and these are low for the poor).

But, wait, you might say. Why would I work at all if you gave me a UBI? That might be a problem if you got your UBI on top of existing programs, but if it replaced those programs, work incentives would be strengthened, not weakened. In which situation would you be more likely to take a job: one where you get $800 a month as a UBI plus a chance to earn another $800 from a job, all of which you can keep, or one where your get $800 a month in food stamps and housing vouchers, and anything extra you earn is taken away in benefit reductions?

Or, you might say, a UBI might be fine for the poor, but wouldnt it be unaffordable to give it to the middle class and the rich as well? Yes, if you added it on top of all the middle-class welfare and tax loopholes for the rich that we have now. No, if the UBI replaced existing tax preferences and other programs that we now lavish on middle- and upper-income households. Done properly, a UBI would streamline the entire system of federal taxes and transfers without any aggregate impact on the federal budget.

Classical liberals

Not all of those with libertarian sympathies are anarcho-capitalist purists. Many classical liberals, even those whom purist libertarians lionize in other contexts, are more open to the idea of a social safety net as a legitimate function of a limited government.

In his book Law, Legislation, and Liberty, classical liberal Friedrich Hayek wrote,

The assurance of a certain minimum income for everyone, or a sort of floor below which nobody need fall even when he is unable to provide for himself, appears not only to be a wholly legitimate protection against a risk common to all, but a necessary part of the Great Society.

Philosophically, classical liberals see social insurance of this kind as something to which they would willingly assent if they considered it behind a veil of ignorance, where they did not know if they themselves would be born rich or poor. Once the philosophical hurdle is overcome, the practical advantages of a UBI become highly attractive. In terms of administrative efficiency and work incentives, a UBI wins hands down over the current welfare system, and beats even the negative income tax famously championed by Milton Friedman, another classical liberal,.

Lifestyle libertarians

The libertarian sympathies of still others arise from the conviction that all people should be able to live their lives according to their own values, so long as they dont interfere with the right of others to do likewise. These lifestyle libertarians are drawn to a UBI because of its contrast with the nanny state mentality that characterizes current policies. Why should social programs treat married couples differently from people living in unconventional communal arrangements? Why should welfare recipients have to undergo intrusive drug testing? Why should food stamps let you buy hamburger and feed it to your dog, but not buy dog food?

Writing for Reason.com, Matthew Feeney urges libertarians to stop arguing in principle against the redistribution of wealth. Instead, he says, scrap the welfare state and give people free money. Feeney sees a UBI as an alternative that promotes personal responsibility, reduces the humiliations associated with the current system, and reduces administrative waste in government.

So there you are. A UBI is a policy for pragmatic critics of well-intentioned but ineffective government, for classical liberals, and for advocates of personal freedom. No wonder so many libertarians take the idea seriously.

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Why Should a Libertarian Take Universal Basic Income Seriously? - Niskanen Center (press release) (blog)

Libertarian Party Chairman Repeats Lie About MILO Outing Illegals At Berkeley – Breitbart News

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George Ciccariellowas the first person to claim that MILO was planning this:

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MILO responded to Ciccariellos tweet on his Facebook shortly afterwards. This is a total fabrication. A complete lie. I had no intention of doing so. Watch out for the old reliable sources very often a sign youre being lied to, he wrote. However, this did not stop Sarwark from repeating it on his page.

Sarwark did not mention MILO by name, referring to him only as a gentleman who was scheduled to speak at a University of California campus. He decried MILOs fabricated potential actions as despicable behaviour, and even argued that it helped why others made the choice to use violence to try to stop or disrupt his speech.

Sarwark went on to say that the only thing more despicable is that we have a government that will forcibly remove peaceful people from our country because they were born on the wrong side of an imaginary line.He then went on to claim in the comments that the point holds whether the rumors are correct or not.

Unfortunately for Sarwark, not every libertarian agrees with him, and he faced significant backlash in the comments. Shane Trejo thanked God that Milo is not a coward like so many Libertarians clearly are because of smug full-of-shit pussies like Nicholas Sarwark, no self-respecting person can call even publicly themselves a libertarian these days without feeling embarrassed.

Another user agreed: It seems like libertarian, for many, is just a code word for social justice warrior.

Prominent libertarians also have contradicting views to Sarwark on the concept of open borders itself. Ron Paul, beloved by libertarians in both the LP and Republican party, has argued for the abolishing of birthright citizenship.Hans Herman Hoppe, Murray Rothbards protege, noted that open borders are an infringement on private property rights, and that people should be physically removed from a society if they provide a threat to the libertarian way of life.

Otherlibertarians raise the issue of the social ramifications of permitting mass immigration from cultures that are not friendly to libertarian ideals. Would we have allowed thousands of Bolsheviks to emigrate during the Cold War? asks libertarian commentator Lauren Southern. I dont think we would, because we knew they didnt believe in a free society. In her video, Southern applies the analogy to argue against Muslim immigrationfrom a libertarian perspective.

MILOs provided a short response to Sarwarks post: this idiot should stick to what libertarians actually know about weed, Bitcoin and hacking and leave slanderous rumor where it belongs. On CNN.

DANGEROUS is available to pre-order now via Amazon, in hardcover and Kindle editions. And yes, MILO is reading the audiobook version himself!

Jack Hadfield is a student at the University of Warwick and a regular contributor to Breitbart Tech. You can follow him on Twitter @ToryBastard_, on Gab @JH or email him at jack@yiannopoulos.net.

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Libertarian Party Chairman Repeats Lie About MILO Outing Illegals At Berkeley - Breitbart News

What I Saw at the Anti-Milo, UC Berkeley Riots! – Being Libertarian

Ticket screening was supposed to begin at 7:00 pm, so at around 6:15 pm I started walking up Telegraph Avenue towards the event at the Pauley Ballroom on the UC Berkeley campus. On my way there, I was already seeing ubiquitous anti-Milo Yiannopoulos signs calling this gay, Jewish, immigrant (who predominantly dates black men) a Nazi, a fascist, and many other unoriginal epithets sufficient to excite the decently large low information crowd around here.

I continued on through Sather Road coming closer to the Ballroom venue. I briefly walked into the supposed ticketing area, by the Amazon store, to get a better idea what was happening, but rioters were already throwing rocks, paintballs, and burning objects in that direction. Some of the store windows had been smashed in or blown out completely, barricades were torn down, and the attendees were totally exposed to the rioters standing a little further North (behind some weak metal barricades that were going not to last much longer). To me it was not clear where we were supposed to stand or have our tickets screened, it was all very chaotic, and things began to get dangerous for event attendees.

A big fire had erupted near where I stood because rioters had thrown a Molotov cocktail at a container that seemed to be leaking gasoline. At some point I heard a loud explosion, maybe even two. Firecrackers were continually being thrown in the general vicinity and a lamp pole had been torn down to the sound of cheers. The Cops were mostly inside the buildings staring outside, but they were not intervening at all as far as I could see. Id say there were about 30-40 cops, vs hundreds if not thousands of rioters and supporters.

I tried to connect with a fellow Being Libertarian writer in attendance, but it was difficult to find one another and his phone was dying.

Virtually everyone I saw, across the entire area all the way back to Bancroft & Telegraph, was excited, happy, giggling, taking photos, and basically having quite a blast. Behind the front line of rioters there were drummers, and a DJ, there was a real dance party going on. After theyd officially succeeded in shutting down the event, naturally followed by massive cheers of joy across what seemed like the entire campus, they broke through the barricades completely and moved towards Telegraph & Bancroft.

The rioters, who largely consisted of masked individuals brandishing Antifa flagpoles, lead the march; they were accompanied by continuous drum beats, hip hop music, and people dancing behind them, I could hear a rap song with the profound hook line Fuck Donald Trump.

Having attended alone, Id now successfully connected with another person on the events Facebook group and we met up on Bancroft and Sather Lane (note: its Lane now, not Road). Thats when the atmosphere turned from dark to terrifying!

Suddenly serious scuffles started in that area, Antifa rioters began to chase down, or sucker punch, Trump supporters and Miloattendees. I heard one Antifa protester, a woman, proudly proclaiming Hey, we found a bunch of Nazis over there! I saw a small group help a woman who was wearing a Make Bitcoin Great Again hat, who had been sucker punch pepper sprayed during a TV interview by a masked individual.

I saw one guy, surrounded by Antifa rioters, getting bludgeoned really bad as more backup, armed with flagpoles that were gratuitously utilized, came flooding in from behind. I suspect thats the body I later saw in this footage, where you can see him motionless on the road, surrounded and beaten with a flapole some more for good measure. I wonder if hes alive.

I saw two Trump supporters, one wearing a MAGA hat, chased down Bancroft Way towards Dana Street by another Antifa mob who were shouting things like Beat his ass!, and Get out Nazi scum!.

Here you can see the official protest organizer, Berkeley school district teacher Yvette Felarca, (who recently returned to her job after having been placed on leave pending an investigation into concerns that have been raised) explain how doing whatever is necessary to shut down Milos event is their right to self defense, thus clearly condoning the violence, arson, and destruction; how else would they have shut down the event? Its good to know that this unstable, and insecure cliche of a mental patient, is instructing children with your tax dollars, isnt it?

At this point I, and the friend Id made here, somehow got pepper sprayed or tear gassed, were still unsure where it came from. There was no police presence at all around here. With impaired vision, we fled in a direction that seemed to be the safest way to escape the violence.We managed to connect with a few more friendly event attendees down the street and exchanged experiences and information before we got out of the general area. It was a crazy night!

Heres an official legal definition of terrorism from Merriam Webster:

terrorism the unlawful use or threat of violence especially against the state or the public as a politically motivated means of attack or coercion.

In my opinion, this was not a protest, this was not even just a riot, this was well planned and coordinated domestic terrorism! The same kind of terrorism that we can [currently] observe all over the Western world, with matching signage, symbols, names, weapons, flags, strategies, chants, intimidation techniques, violent professional agitators, and so on.

So why not deal with it accordingly? How much longer will this behavior be tolerated?

If youre interested in more discussion on the topic, here is my call in to Freedomain Radio, together with my friend:

And here is a recorded conversation with another friend regarding the event, including some footage that he mixed in:

This post was written by Nima Mahdjour.

The views expressed here belong to the author and do not necessarily reflect our views and opinions.

Nima is an entrepreneur and Bitcoin advocate who writes about economics and freedom. He was born and raised in Berlin and received his Master's degree in the US in 2004. He co-founded an auction software company in San Francisco and successfully sold it in 2015. (Twitter: @economicsjunkie)

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What I Saw at the Anti-Milo, UC Berkeley Riots! - Being Libertarian

3 Questions for Bernie Supporters – Being Libertarian

Picture credit: The Huffington Post

Recently graduating from a left-leaning university, in a left-leaning city, with a majority left-leaning friends, all of whom are overly-equipped with cuddle bears and safe spaces, every day Ive had to suffer through hearing about the glorious socialist utopia that would come about with a Bernie Sanders presidency.

Having actually studied political science, focusing heavily on various countries policies and economics, I have to fight a constant urge where I dont lower myself to the lefts standards and go on a peaceful protest rampage. Fortunately, it has never come to that. Being well-equipped with a basic knowledge of economics and morality, one can ask three simple questions to stun any Bernie bro.

This is probably one of the best arguments against Sanders specific idea of socialism, as his views are radical even for a modern socialist.

While socialism never works in the long run, as we have seen with Venezuelas collapse and Sweden and Denmarks reduction in benefits and fragile economic systems, there are measures that can prolong its life.

Sweden and Denmark, both the golden standard for socialists, have some the lowest corporate tax rates in the world. In Sweden and Denmark, the corporate tax rate is 22 percent; whereas in the United States, we have a whopping tax rate of 38.9 percent; the second highest in the world. For socialism to be sustainable, even if it is only in the short run, Sweden and Denmark understood the necessity for investment. They needed incentives for companies to move to their country and employ their population.

As mentioned before, this still isnt enough to save them from disaster that occurs from any type of economic change, which usually leads to heightened unemployment, budget imbalance and increased deficit, and the inevitable removal or reduction in welfare benefits. However, Sweden and Denmarks policy on low corporate tax rates is something Bernie never addresses. Hedoesnt understand this and seeks only to ridicule corporations and the wealthy; the very people that provide the economic means to make socialism as sustainable as it will ever be. Could you imagine a millennial wrapping his head around the idea of lowering tax rates for those evil corporations? Me neither.

This is, arguably, the biggest flaw in Sanders socialist dream.

While this should be common knowledge for a Bernie supporter, youll find many dont actually know the answer or have looked at the in-depth causal effect of what is proposed.

Quoting from Bernie Sanders official site, he states: There is something profoundly wrong when the top one-tenth of one percent owns almost as much wealth as the bottom 90 percent. While this figure is mostly accurate, there are debates about its validity. Politifact references fellow libertarian Daniel Mitchell when he argues that tax laws in the late 20th century required high income taxpayers to report capital income, while middle income citizens didnt have to. Despite this fact, Mitchell goes on to say that the rich arent rich because the poor are poor; the rich are rich, because they are innovative and provide services which others want.

Back to the question at hand. While Bernie mostly relies on demonizing the wealthy, there are instances where he provides a plan to redistribute the wealth.

They consist of raising taxes on the rich, raising the minimum wage, providing government-funded youth programs, and other expensive programs, all to be billable to higher income individuals. At this time, the top 10 percent already pay 68 percent of all federal income taxes and 53 percent of all federal taxes in general.

What happens when that tax rate widens and the wealthy pay more in taxes and middle class pays less? If you believe those in the top 10 percent are millionaires, youre very wrong. The income for the top 1 to 10 percent is between $380,354 to $113,799. In other words, essentially anyone that owns and operates a successful business. The people that took a risk with their own money, bet on themselves, and came out positive; the people that are providing jobs to the middle class; the people that have to put payroll on their own credit card and often use their own funds to invest in their company; those are the people that Bernie Sanders wants to tax even more, and he hides that fact by having the public perceive the top 10 percent as fat oil men sitting on a mountain of cash.

By redistributing wealth, you are essentially taking money from those that provide the jobs for everyone else, invest and take rise, and essentially keep the economy going. Not only is it morally wrong, but economically idiotic.

The American Dream is based on an idea that anyone can succeed in this country if they have the desire to work hard enough. It is one of the major reasons that America has had the most successful economy since World War II.

The government, specifically under Reagan and Clinton, facilitated an environment where people could achieve anything, because the government would interfere as little as possible. It is why the Reagan and Clinton years (despite the Democrats stance on the economy today, Clintonomics was very much in favor of being enterprise-friendly and making the government smaller) were some of the best economic years in American history.

Bernie Sanders plan is to go against this logical concept, and label the successful and wealthy as the enemy and everyone else as the victim. So, if a successful economy is determined by innovation and a strong working class as Reagan and Clinton proved how do you incentivize people to take risk on themselves and open businesses or try to get a promotion and make more money, when the more money you make, the more is taken away?

* Braden Paynter is your average Joe Schmoe, who loves his country and all the freedom it entails. He has received an education in political science and international politics, being one of the few in his class to emerge without shouting leftist propaganda at the top of his lungs.

The main BeingLibertarian.com account, used for editorials and guest author submissions. The views expressed here belong to the author and do not necessarily reflect our views and opinions. Contact the Editor at editor@beinglibertarian.email

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3 Questions for Bernie Supporters - Being Libertarian

Libertarian candidates seek Pompeo seat – Wichita Eagle

Libertarian candidates seek Pompeo seat
Wichita Eagle
Three Libertarian candidates will square off on Feb. 11 to be the third choice in the special election to replace former U.S. Rep. Mike Pompeo, who left his congressional seat to serve as CIA director in the Trump administration. But there probably ...

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Libertarian candidates seek Pompeo seat - Wichita Eagle

IdPol: The Bastard Grandchild of Marx’s Ressentiment – Being Libertarian

Im not at all a fan of the term Cultural Marxism, which gives off a massive whiff of anti-Semitic conspiracy-mongering. I never use the term.

However, the fact that the far right speak about alleged analogies between Marxism and more current ideological trends in a very mystificatory and misleading manner doesnt mean that the more extreme and authoritarian ideological tendencies and practices in the Occident of today dont have any analogy whatsoever with Marxism.

This selective reading of Marxs and Engels The Communist Manifesto will pinpoint and elaborate upon some of these problems.

First of all, after the gripping opening prose-poem A spectre is haunting Europe, Chapter I begins with the following words:

The history of all hitherto existing society is the history of class struggles.

It seems that here, Marx and Engels are at least somewhat realistic in their views; human history is not a cotton-candy fairy tale of unmitigated bliss. There is no anachronistic and irredeemably pious petit-bourgeois cant about tolerance (God forbid there should be any classical toleration instead!) or celebrating diversity (humanity forbid anyone should provisionally suspend judgment on the relative value of any particular identity or worldview!). It is tempting to suggest that if Marx and Engels were here today, the rootless, sugar-sweet, sickly wheedling of idle humanitarian sentimental would meet with their disapproval also.

However, there is a curious iron here. The word hitherto is a bit of a giveaway. As is well known, Marx and Engels postulated an End of History no less whimsical and Quixotical than that of Fukuyama. And as is well enough known, Marxs late work from his deeply embittered old age, Critique of the Gotha Program (and when was he ever not embittered?) clearly and unequivocally states that the channel to paradise is paved with torrents of blood and torment.

Is this not also the case of authoritarian, post-liberal IdPol? On the one hand, social justice warriors and regressive leftists see all life in radically agonistic and zero-sum terms. White folks and POC, Zionist and anti-Zionist, Jew and Palestinian, capitalist and the-right-kind-of-worker (the ideologically correct one!)

Or in a word: Oppressor and oppressed

Such shall it ever be, world without end.

And yet, at the same time, such ideologues are curiously solutions-orientated, in the sense that the Party of Justice, and they alone, have the correct panaceas to reconcile such conflicts; and to bring about, either a material world that is purged from all suffering, or at least a spiritual one: to wit, the realm of symbolic violence, i.e. of the violence of language and discourse, is to be purged and cleansed entirely of the slightest traces of coercion and exclusion.

For sadly, the very idea that such violence is intrinsic to human communication or (Foucault forbid!) The Human Condition, is at most tokenistically acknowledged; it is but very rarely treated as something of practical significance.

Thus, while Marx and Engels emphasized, or even over-emphasized the role of conflict and violence in history, thereby avoiding the naivety of a certainly unreconstructed or nave humanitarian liberalism; so also do IdPol ideologues.

And while Marx and Engels believed that despite the hitherto-history with which they had to content, there was still substantial grounds for hope that they would one day manage to tie up every loose knot, on account of their superior knowledge, their mystical insight, and their resplendent virtue; so also do IdPol ideologues present themselves not only as liberators, but as bearers of a liberation not merely radical, but well-nigh absolute in character.

For what could be more infinite and unbounded in its bliss and bounty for any over-fastidious anarchist-emperor, than replacing the Ancien Regime of individual-truck-and-trade-offs between different forms of symbolic violence; with a Brave New Spiritual Economy of a language and discourse purged, renewed, resurrected in snow-white robes of gold, singing hymns of joy and glory evermore to the Saviors of the Weak and Weary?

And yet, more. In chapter 3, we are graced with the following charming and ennobling words:

The French Socialist and Communist literature was thus completely emasculated. And, since it ceased in the hand of the German to express the struggle of one class with another, he felt conscious of having overcome French onesidedness and of representing, not true requirements, but requirements of Truth: not the interests of the proletariat, but the interests of Human Nature, of Man in general, who belongs to no class, has no reality, who exists only in the misty realm of philosophical fantasy.

Similarly, IdPol apologists are ever posturing and pontificating regarding the misleadingly ideological character of Humanity. Now, certainly, their anti-humanitarianism is laudable, in the sense of their faltering, twilight-stumbling rejection of nonsensical imperative to sacrifice the interests individuals to an imaginary Good of Humanity which is merely a cover for the abusive behavior of the ruthless perpetrators of humanitarian aggressions in the Balkans, Afghanistan, Syria, and elsewhere.

But to be one-sidedly anti-humanist, in the sense of rejecting the perfectly laudable notion that the business of human beings is the business of human beings? Now that is surely not the same thing!

And yet, doesnt Marxs own self-anointing ex cathedra arrogance sound familiar? Not unlike the petit-bourgeois intellectual bureaucrat par excellence himself, social justice warriors boast of having somehow overcome the partisan biases of unreconstructed humanists, vulgar liberals and nave and primitive (!) modernists

So, instead of the dry, dusty, hand-me-down manna of the classless subject, let them gorge upon the heavenly nectar of the subjectless subject instead!

Ultimately, as Karl Marx himself once said:

History repeats itself. The first time as tragedy, the second as farce.

Regressive Leftist IdPol, just like Marxism, offers a magic bullet for the wounds of liberalism.

But the fact its self-appointed apothecaries make modest claims about their toxic brews, in order to make them a little sweeter to the cynic and less septic to the skeptic, does not make their infallible fallibility, their dogmatic scepticism, or their rigid dynamism, any the less buffoonish.

* Jonathan Fergusons freelance journalism includes, but is not limited to, his two guest blogs: at Times of Israel, he presumtuously aspires to be an honest broker on the Israel/Palestine issue, while at Sputnik, he has a nice salty mug of McCarthyite tears, with a few Far Center Fauxlib vanilla sprinkles for extra sweetness. He has zero love for Humanity and has no regard whatsoever for the National Interest. And like you, he has just about enough good sense to know that all this callous indifference and nihilism of his as far removed from actual selfishness as you could possibly ever get.

The main BeingLibertarian.com account, used for editorials and guest author submissions. The views expressed here belong to the author and do not necessarily reflect our views and opinions. Contact the Editor at editor@beinglibertarian.email

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Libertarian Party Gets Victory in Suit Aimed at the Partisanship of Commission on Presidential Debates – Reason (blog)

The Libertarian Party, and fellow plaintiffs, won a victory in federal court this week in the case of Level the Playing Field v. FEC. (The full background of the case can be read from reporting here when it was first assigned its day in court and when the oral arguments occurred.)

Gary Johnson Facebook

To quote from my previous reporting summing up what was at issue in the lawsuit, which while technically against the Federal Election Commission (FEC) is ultimately targeting the Commission on Presidential Debates (CPD) for locking out third parties while pretending to be nonpartisan, the L.P. and its co-plaintiffs claim that:

the CPD has always been a deliberate duopoly for the two major parties and has "been violating FECA and FEC regulations limiting debate-sponsoring organizations' ability to use corporate funds to finance their activities" since its efforts are not truly "nonpartisan."

The suit accuses the FEC of "refus[ing] to enforce the law and ignored virtually all of this evidence in conclusorily dismissing the complaints even though there is plainly reason to believe that the CPD is violating FECA...."...

"The Court should...direct the FEC to do its job, which is to enforce the law and put an end to the CPD's biased, anti-democratic, and fundamentally corrupt and exclusionary polling rule."

Judge Tayna Chutkan in U.S. District Court for D.C. agreed with the L.P. and others that the FEC was derelict in its duties when it blithely refused to act on the those complaints about the CPD.

Plaintiffs allege that the Federal Election Commission ("FEC") has violated the Administrative Procedure Act ("APA").... in dismissing two administrative complaints regarding the CPD and in denying a petition to engage in rulemaking to change the FEC's regulations regarding debate staging organizations.

Judge Chutkan explains how CPD's operations should be affected by the FEC and its enforcement of election finance law:

The debate staging regulation...acts as an exemption to the general ban on corporate contributions to or expenditures on behalf of political campaigns or candidates. To prevent debate staging organizations such as the CPD from operating as conduits for corporate contributions made to benefit only one or two candidates from the Democratic and Republican partiesvia the much-watched prime-time debatesthe regulations require these organizations to (1) be nonpartisan, (2) not endorse, support, or oppose candidates or campaigns, and (3) use pre-established, objective criteria.

If a debate staging organization fails to comply with the regulations, such as failing to use objective criteria in determining which candidates participate in its debates, then the value of the debate is actually a contribution or expenditure made to the participating political campaigns in violation of the Act.

The Act provides that any person who believes a violation of the Act has occurred may file an administrative complaint with the FEC...

The L.P. and its co-plaintiffs filed such a complaint in September 2014, as well as "a Petition for Rulemaking with the FEC [that] asked the FEC...to specifically bar debate staging organizations from using a polling threshold as the sole criterion for accessing general election presidential and vice-presidential debates."

They were not satisfied with the FEC's reaction, leading to the current lawsuit "challenging the dismissal of their administrative complaint...and the agency's decision not to engage in rulemaking" about the debate threshold.

Judge Chutkan agrees that the FEC did a shoddy and careless job in actually considering and reacting to the arguments and evidence the L.P. and others presented about the potential partisanship of CPD, and thus:

the court cannot defer to the FEC's analysis and further concludes that the FEC acted arbitrarily and capriciously and contrary to law when it determined that the CPD did not endorse, support, or oppose political parties in the 2012 election....On remand, the FEC is ORDERED to articulate its analysis in determining whether the CPD endorsed, supported, or opposed political parties or candidates....

....the FEC must demonstrate how it considered the evidence, particularly, but not necessarily limited to, the newly-submitted evidence of partisanship and political donations and the expert analyses regarding fundraising and polling.

As for the argument that the CPD's 15 percent polling requirement for third party access is not properly objective and is in fact clearly designed to privilege major parties, Judge Chutkan:

GRANTS Plaintiffs' motion....as to whether the FEC's analysis of the criterion's objectivity was arbitrary and capricious and contrary to law. While the court cannot and does not mandate that the FEC reach a different conclusion on remand, the court notes that the weight of Plaintiffs' evidence is substantial, and the FEC must demonstrate that it actually considered the full scope of this evidence, including the CPD chairmen's and directors' partisan political activity and the expert reports, as well as explain how and why it rejected this evidence in deciding that the CPD's polling requirement is an objective criterion

Judge Chutkan spells out that the L.P. and its co-plaintiffs:

clearly argued, and attempts to establish with significant evidence, that in presidential elections CPD's polling threshold is being used subjectively to exclude independent and third-party candidates, which has the effect of allowing corporations to channel money to the CPD's expenditures to the C campaigns they would be prohibited from giving the campaigns directly.

It further argued and presented evidence that polling thresholds are particularly unreliable and susceptible to this type of subjective use at the presidential level, undermining the FEC's stated goal of using "objective criteria to avoid the real or apparent potential for a quid pro quo, and to ensure the integrity and fairness of the process." In its Notice, the FEC brushed these arguments aside....

Judge Chutkan is thus demanding the FEC do a better job actually grappling with those arguments. This does not mean that the CPD is on the ropes or will somehow instantly be required to either give up its firewall against third parties or stop taking in the corporate bucks.

But it does mean the FEC is going to have to come up with convincing reasons why the CPD isn't bipartisan rather than nonpartisan and why the CPD's debate inclusion criteria are fair and objective and not partisan. It will be interesting to see what they come up with.

Via the always indispensable Ballot Access News.

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Libertarian Party Gets Victory in Suit Aimed at the Partisanship of Commission on Presidential Debates - Reason (blog)

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